Fairness Aspects Of Compensation Arrangements In The Acquisition Of Land For Development For The Public Interest
I Gusti Ayu Kade Harry Adhisukmawati1*, I Gusti Ayu Ketut Rachmi Handayani2, Lego Karjoko3
1,2,3 Faculty of Law, Sebelas Maret University, Surakarta
*Corresponding Author:
Email: [email protected]
Abstract
The need for land for development for the public interest is increasingly urgent, while the supply of land is increasingly limited. The fairness and redress mechanisms in the land acquisition are often fraught with problems. This study aims to analyze the fairness aspects of the regulation and the mechanism for providing compensation in the acquisition of land for development for the public interest. This research is normative, and prescriptive, with a regulatory and conceptual approach. The results of the study found that a) the fairness aspect of land acquisition arrangements for the public interest can be seen from the guarantee of adequate compensations stipulated in Law Number 2 of 2012 concerning Land Acquisition for Development for Public Interest, Law Number 11 of 2020 concerning Job Creation, Indonesian Assessment Standard 204, and other laws and regulations that relating to land acquisition.And b) the mechanism for providing compensation is carried out after the assessment is by the Indonesian Assessment Standard 204, Law Number 11 of 2020 concerning Job Creation, deliberations, and validation activities are completed. The payment given can be in the form of money in Rupiah as agreed by the Land Acquisition Committee and the community, then it can be given through a bank account appointed by the Government.
Keywords: Compensation, Land Acquisition and Public Interest Development.
I. INTRODUCTION
In state life, especially in Indonesia, the land is a much-needed natural resource. Today the amount of land is very limited and will not increase in area. Increasing population growth has also led to an increasing need for land. The longer the land will be difficult to obtain due to the need and availability of soil that becomes unbalanced. According to Ahmad Rubaiae states that as a social asset, land has an important meaning in human life. The land is a means of maintaining the social unity of the Indonesian nation to live and live. Land as a capital asset means that it is an important economic object as well as a material of trade and speculation objects. [1] Due to the limited land, the use of land for national development must be considered properly and wisely.In the 4th paragraph of the Preamble to the Constitution of the Republic of Indonesia in 1945, it states the objectives of the Indonesian nation, one of which is to advance the general welfare. To realize the general welfare, the State needs land to carry out national development, namely development for the benefit of the community/general. The implementation of national development continues to be pursued in line with the increase in population accompanied by an increase in good prosperity. Various public facilities are needed to encourage community activities. The construction of public facilities such as transportation, educational facilities, housing, health facilities, transportation access/roads, and so on, of course, requires land as a container. The public interest in land acquisition and development is the embodiment of the social function of land rights and is considered the first step in the implementation of development to improve the welfare of the people. [2]It needs a very large area and a lot of landowners for the sake of national development in the public interest.
The principles contained in the Constitution of the Republic of Indonesia in 1945 and the national land law need to be applied in the implementation of land acquisition carried out to meet land needs. Article 33 paragraph (3) of the Constitution of the Republic of Indonesia in 1945 gives authority to the state, among others, to regulate and organize the designation, use, supply, and maintenance of the earth, water, and space.
In connection with this authority, to provide land for various purposes of society and the state, the government can revoke land rights by providing appropriate compensation according to the manner provided for by law, if efforts through deliberative means fail to bring results. The right of state control over the law also gives the State the authority to regulate. The legal basis for land acquisition for development for the public interest is Law Number 2 of 2012 concerning Land Acquisition for Development for the Public
Interest, the implementation of which is regulated in Government Regulation Number 19 of 2021 concerning the Implementation of Land Acquisition for Development for the Public Interest. The Indonesian Assessment Standard 204 also regulates the assessment of land acquisition for development for the public interest along with compensation.Law of the Republic of Indonesia Number 11 of 2020 concerning Job Creation has been re-submitted with the Government Regulation of the Republic of Indonesia Number 19 of 2021 concerning the Implementation of Land Acquisition for Development for the Public Interest. Development aimed at the public interest prioritizes land whose procurement is actualized by prioritizing the principles contained in the Constitution of the Republic of Indonesia in 1945 & rules relating to national land, including the principles of humanity, expediency, justice, agreement, certainty, openness, participation, welfare, sustainability, &
very harmony. synchronously used the values of nation & state.
Development in the public interest condemns and does not allow deviating from the Pancasila corridor. In addition, it is necessary to strictly enforce the rules relating to all other regulations governing the acquisition of land for development for the public interest or the benefit of all Indonesian citizens.
[3]Referring to the general provisions of the Regulation of the Minister of Finance of the Republic of Indonesia Number 101 / PMK.01 / 2014 as amended by the Regulation of the Minister of Finance of the Republic of Indonesia Number 56 / PMK.01 / 2017, it is known as the Indonesian Assessment Standard.
Indonesian Assessment Standard is a basic guideline that must be adhered to by the Assessee in conducting the assessment. In the context of land acquisition, the Assessee referred to Indonesian Assessment Standard 204 (formerly Indonesian Assessment Standard 306) as a guideline for the Assessment of Land Acquisition for Development for Public Interest.Referring to Indonesian Assessment Standard 103 on the scope of the assignment, then we can find the scope of the assignment that the Assessee should systematically use. In item 5.3.a).7 regarding the basis of the value, it is stated that the basis of the value must meet and be by the purpose of the assessment. Furthermore, in Indonesian Assessment Standard 204 point 5.2 the basis of value must be used in the assessment of the interests of Land Acquisition as stipulated in Law Number 2 of 2012 concerning Land Acquisition for Development for the Public Interest of the Fair Replacement Value (NPW).
When deemed necessary, an explanation of the basic definition of the value used may be supplemented by an explanation, insofar as it refers to Indonesian Assessment Standard 204.
However, until this writing, no definition has been found as intended, so it can temporarily stick to the term NPW.The absence of a basis for calculating the indemnity of a quo law is still understandable because the assessee is bound by a code of conduct that requires observance of the Indonesian Assessment Standard. The anticipatory attitude of the Indonesian Appraisal Professional Society (MAPPI) which makes comprehensive assessment guidelines deserves to be appreciated even though it still has shortcomings, especially regarding NPW. In the illustration section of the calculation provided, it can be clearly understood that NPW is the value of the calculation of physical and non-physical losses. Of course, this is contradictory to the previous statement that insists NPW is the basic value, not the final result. More based on the value of physical losses. The basis for calculating physical losses in the illustration as referred to is the market value, not the Selling Value of Tax Objects (NJOP). Even overall the nomenclature of NJOP cannot be found at all through Indonesian Assessment Standard 204, which is contained in Indonesian Assessment Standard 204 is an approach that can be used by the Appraiser in terms of determining the amount of indemnity value. So it becomes an irony, when in practice there is still found an Appraiser who calculates the loss of the assets of the entitled party based on the NJOP, especially under it.Apart from the basis of judgment used by the Assessee in determining the value of the indemnity, several facts must be considered, namely the fact that in reality, the amount of the indemnity value set by the appraiser is final and inviolable. Whereas Article 34 paragraph (3) Law Number 2 of 2012 concerning Land Acquisition for Development for the Public Interest states that "the value of compensation is based on the assessment results of the Assessor [....] became the basis for deliberations on the determination of Indemnity".
This should mean that the results of the assessee's assessment are only the basis for the deliberation of the determination, not an inviolable provision.Theoretically, land laws built based on living values in society, and the disenfranchisement of land rights by the State for the public interest should be carried out by the provision of appropriate compensation and should preferably be obtained through deliberation, then the
taking of land rights in the public interest should be accepted and obeyed by the community, so disputes will be relatively rare. [4] In reality, it appears that land acquisition for the public good often experiences problems in the procurement process. On the one hand, the need for land in the context of development has become increasingly urgent, while on the other hand, the supply of land is limited. In addition to being used for the construction of public facilities such as transportation access/roads, offices, housing, and others, there is also a need for land to meet the needs of the community.In land acquisition, the welfare of the landowner's life must remain equal to or more than their circumstances before the implementation of the land acquisition.
The land acquisition should not impoverish landowners. [5] Problems in the process of acquiring land for development for the public interest often occur due to the incompatibility of the form and amount of compensation applied. Communities whose land is affected by development plans often refuse the form and amount of compensation and even refuse any negotiations for various reasons.
The government felt its actions were legitimate and just, while the landowners declared injustice had been done against them. [6] The clarity of the procedure for waiver and compensation in Indonesia in practice is not as easy as written in the law. Judging from the emergence of many problems and even becoming a prolonged dispute. [7]Regarding the issue of land acquisition, there are at least 2 (two) dimensions that must be placed in a balanced manner, namely the interests of the government and the interests of community residents. The two parties involved are the state, which is represented by Government Agencies that require land, with the entire Indonesian nation, namely the people must be equally considered and obey the applicable provisions regarding this matter. The point of both paying attention to and obeying the provisions is that the people and the government respect each other's rights and carry out their respective obligations. The process of acquiring land for development for the public interest is principally organized through planning by involving all stakeholders and stakeholders. The implementation of land acquisition must pay attention to the balance between the interests of development and the interests of the community.
The compensation from the land acquisition should be given directly to the residents as discussed. The issue of waiver of land rights must be placed in a balanced manner between the interests of the government and the interests of the community. In this case, the government as the party that needs the land, with the community must both pay attention to and comply with the applicable provisions regarding the right. With the intention of the people and the government must understand and respect each other's rights and carry out their respective obligations wisely.
The leaning owned by Law Number 11 of 2020 concerning Job Creation prioritizes economic development so investors or capital owners are recognized as having a vital role in the implementation of the law through Law that relates to land acquisition aforementioned. With an emphasis on an economic approach, it will foster a tendency to ignore or override the needs and aspirations of other social groups even though the state is tasked with meeting economic growth targets that adhere to the values of justice, expediency, and certainty. According to Mahfud MD, legal politics has 3 (three) reflections, including; first, the existence of the ideals of a policy and regulation made; secondly, in every process of discussion and ratification of laws and regulations, it is always followed by political interaction; Third, the application or interpretation is required and can be monitored depending on the policy created. [8]Similar studies that have been done before include; First, research conducted by Cahyani (2021) found and weighed in on changes to articles related to the land acquisition that will be used by legal regulations governing labor copyright to ease the land acquisition process, especially on rights that intersect with national strategic projects used. [9]
Second, research conducted by Gallantry et al (2021) found that the practice of the principle of justice had also been carried out in Islamic rules in the time of the prophet in connection with the provision of land for broad purposes and public interests.
The implementation of a study on the implementation of the principle of justice in land acquisition for development for the public interest in Indonesia based on practicing justice in land acquisition based on Islamic rules at the time of the prophet. [9] And Thirdly, research conducted by Lainsamputty et al (2020) found that new formulations are needed that can be a solution to land disputes due to regulatory overlaps quickly, perfectly, and efficiently, and can organize and harmonize many types of land regulations in each structural either central or regional offered in the omnibus law concept. Along with the preparation of
efficient and effective regulations in the land section, therefore the development of the investment climate in Indonesia will be supported. [10]When compared with previous studies, there are differences in this study, namely the focus on the fairness aspect in the arrangement of compensation in procurement land for the development of public interests which is regulated both Law Number 2 of 2012 concerning Land Acquisition for Development for Public Interest, Law Number 11 of 2020 concerning Job Creation, Indonesian Assessment Standard 204, and other laws and regulations related to land acquisition.
II. METHODS
This research is normative research, prescriptive; namely by examining legal materials that contain normative legal rules. [11] The research approach used in this paper uses a regulatory and conceptual approach. The approach in research is carried out by first reviewing various relevant laws and regulations along with documents that can help to overcome what is the problem and what is discussed in this study and understand the extent to which the law in Indonesia regulates the problem. [12] Legal material collection techniques using literature studies. The data sources in this paper are primary, secondary, and tertiary legal materials. Such legal materials are legal materials consisting of related laws, regulations, views, and evolving doctrines. The legal materials in this study were analyzed using the technique of analysis of deduction syllogisms and interpretation.
III. RESULT AND DISCUSSION
1. Aspects of Justice in Land Acquisition Arrangements for Development for the Public Interest
Land acquisition is an activity of waiver of land rights that is intended for the public interest and is accompanied by compensation. What is meant by the public interest is the need for the crowd or the need for the crowd over the basic interests of the multitude and the broad social purpose. [13] It seems that the aspect of justice is often set aside in the acquisition of land for development for the public interest and the only priority is the aspect of certainty and expediency. [14] Based on Law Number 2 of 2012 concerning Land Acquisition for Development for the Public Interest, land acquisition for development for the public interest is aimed at ensuring the implementation of development for the public interest whose implementation is carried out by prioritizing humanitarian, democratic, and fair principles. support this aspect of justice it is necessary to understand that there are principles in the acquisition of land specified in article 2 Law Number 2 of 2012 concerning Land Acquisition for Development for Public Interest, as follows: a. Humanity; b.
Justice; c. Expediency; d. Certainty; e. Openness; f. Deal; g. Opt-in; h. Welfare; i. Sustainability; and j.
Alignment.
The acquisition of land for development in the public interest is regulated in two-time dimensions of legislation, namely: a.Law Number 2 of 2012 concerning Land Acquisition for Development for Public Interest juncto Presidential Regulation No. 71 of 2012 concerning the Implementation of Land Acquisition for Development for Public Interest; and b. omnibus law of Job Creation Number 11 of 2020 juncto Government Regulations Number 19 of 2021 concerning the Implementation of Land Acquisition for Development for the Public Interest. [16]The acquisition of land for the public interest is also regulated in Indonesian Assessment Standard based on204 which regulates the assessment of land related to the provision of compensation in the context of acquiring land for development for the public interest. assessment in Indonesian Assessment Standard 204 is to provide an opinion of Fair Replacement Value (NPW) i.e. the value for the benefit of the owner which is based on equality with Niai Pasar over a property, taking into account the extraordinary element of non-physical harm resulting from the expropriation of rights to the property, which will be used for acquisition of land for development in the public interest. The NPW is interpreted to be the same as the Indemnity Value as referred to in Law Number 2 of 2012 concerning Land Acquisition for Development for Public Interest.
In addition to having to fulfill its designation for the public interest, it must also be fair and can be felt its benefit by the community. A fair process must be consistent over time, containing an accurate interest based on reliable information decisions; as well as possible remedies or appeals against the decision; and
representatives of all the attentions involved in such a process. [18] The acquisition of land in the public interest, from the aspect of fairness, must provide a guarantee of proper reimbursement. Decent means fair, so the acquisition of land in the public interest must be fair at the time of the land acquisition process until after the final process of land acquisition, which is the result of the law which is a manifestation of the principle of justice by providing compensation and a better life after compensation. activities of land acquisition for the public interest are firmly carried out on the basis of the aspect of justice, namely providing a guarantee of proper reimbursement to the entitled party in the land acquisition process to get the opportunity to have a better life. [20]
2. Mechanism for Providing Compensation in Land Acquisition for Development for the Public Interest
The acquisition of land in the public interest requires the existence of proper compensation to the holder of rights to the land and the objects on it. The compensation is a community right that must be exercised by the government as a party that requires land. However, the process of providing compensation often creates disputes and conflicts that are detrimental to the parties. On the one hand, the Government's plan to build public facilities was hampered and on the other hand, the communities suffered due to uncertainty over their lands affected by the exemption. [21]Based on Law Number 2 of 2012 concerning Land Acquisition for Development for Public Interest, there are four stages in land acquisition for the public interest that must be passed and obeyed by parties who need land, consisting of (1) Planning Stage; (2) Preparatory Stage; (3) Implementation Stage; (4) Stage of Submission of Results. [22] The most essential form of embodiment of legal protection in land acquisition for the public interest is in the issue of providing appropriate and fair compensation to entitled parties as stipulated in Article 1 number 2 of the Government Regulation Number 19 of 2021 concerning the Implementation of Land Acquisition for Development for the Public Interest, namely that land acquisition is the activity of providing land using providing decent and fair compensation. The form of indemnification is as follows: a. Money; b. Replacement soil; c. Resettlement; d.
Shareholding; e. Another form that both parties agree on. Another form of legal protection in the acquisition of land for the public interest is the opportunity to conduct deliberations on the determination of the form of compensation between the landowner and the party who needs the land. The purpose of holding deliberations is to determine and determine the amount of compensation given to landowners.
[23]More detailed regulation of the substance of land acquisition is contained in Law Number 11 of 2020 concerning Job Creation, in Chapter VIII of Land Acquisition, Part One, General in Articles 122 to 123 Part Two, entitled Land Acquisition for Development in the Public Interest. In the provisions of the Article, it redacted Article 8 Law Number 2 of 2012 concerning Land Acquisition for Development for the Public Interest so that it becomes: 1). The Entitled Party and the party in possession of the Object of Land Acquisition for the Public Interest shall comply with the provisions of this Act; 2).In the case of a Land Acquisition plan, there are Land Acquisition Objects that are included in forest areas, village treasury land, waqf land, customary land/customary land, and or asset land of the Central Government, Regional Government, State-Owned Enterprises, or Regional-Owned Enterprises, the settlement of the land status must be carried out until the location is determined; 3). The settlement of changes in forest areas as referred to in paragraph (2) is carried out through the mechanism of releasing forest areas or borrowing and using forest areas under the provisions of the regulations in the forestry sector; and 4). Changes in land acquisition objects that are included in forest areas as referred to in paragraph (2), especially for priority projects of the Central Government, are carried out through the following mechanism: a. release of forest areas in the case of Land Acquisition carried out by agencies; or b. release of forest areas or borrowing and use of forest areas in the case of land acquisition carried out by the private sector.With this new provision, the scope or definition of "Entitled party" is spelled out in more detail, including a. holders of land rights; b. management rights holders; c. nadzir, for waqf land; d. owners of former customary-owned lands; e. indigenous peoples;
f. parties who control state lands in good faith including wastelands, and former western lands; g. holders of basic control over land; and/or h. owner of buildings, plants, or other objects related to the land.
[24]The mechanism or procedure for land acquisition according to Law Number 2 of 2012 concerning Land Acquisition for Development for the Public Interest, Law Number 11 of 2020 concerning
Job Creation, and Government Regulation Number 19 of 2021 concerning the Implementation of Land Acquisition for Development for the Public Interest are held through 4 stages, namely as follows: 1) Planning Stage, at this planning stage, land acquisition is carried out through planning by involving stakeholders and stakeholders. Among them are agencies that require land and ministries/institutions that carry out government affairs in the field of land by statutory provisions; 2) Preparatory Stage, Based on the provisions of Article 9 paragraph (2) of the Regulation of Government Regulation No. 19 of 2021 concerning the Implementation of Land Acquisition for Development for the Public Interest. The Governor shall form a preparatory team within a maximum of 5 (five) days after the land acquisition planning document is officially received by the Governor, consisting of the Regent/Mayor, relevant Provincial Regional Apparatus, Agencies that require land, Government agencies that carry out land affairs and if deemed necessary can involve other relevant agencies; 3)Implementation Stage, the implementation of land acquisition can be carried out after the determination of the location by the Governor. Based on Government Regulation Number 19 2021concerning the Implementation of Land Acquisition for Development for the Public Interest, the implementation of land acquisition is organized by the minister and is carried out by the head of the regional office as the head of the land acquisition unit of the Land Acquisition Implementation Unit at the Provincial BPN Regional Office or the Regency/City Land Office. Land Acquisition is based on the determination of the location of the agency that requires land and submits the implementation of land acquisition to the land agency.
Broadly speaking, the activities of implementing land acquisition include: a. Inventory and identification of land tenure, ownership, use, and utilization. b. Indemnity Assessment. c. Indemnification. d.
Waiver of land rights; 4)Stages of Submission of Results, based on the provisions of Article 115 Government Regulation Number 19 of 2021 concerning the Implementation of Land Acquisition for Development for Public Interest, the Chief Executive of Land Acquisition submits the results of land acquisition to agencies that require land accompanied by land acquisition data no later than 14 (fourteen) working days since the waiver of the right of the object of land acquisition with the minutes of the event.Indonesian Assessment Standard 204 provides guidelines in the assessment of land acquisition objects for the provision of compensation in land acquisition for public interest development. Valuations in the standard include fair replacement value and land property. Appraisal standards are also related to other standards, such as the scope of the assignment, valuation of land and building properties, valuation of farmland property, valuation of property with special business, business valuation, and inspection in the case under consideration. [24]
Based on Indonesian Assessment Standard 204, the basis of the assessment is the fair replacement value.
Fair Replacement Value (NPW) value is a value that is based on the equality of the market value of the property about the extraordinary element in the form of non-physical losses arising from the expropriation of rights to the property. NPW can result from a combination of physical losses and non-physical losses to an object of assessment. This combination can be described as the summation of the Market Value indication of physical loss plus the value indication of non-physical loss.
The object of assessment in the determination of losses corresponds to Indonesian Assessment Standard 204, as follows: 1. Physical disadvantages, including: a. Soil; b. Above ground and underground rooms; c. Building; d. Plant; and e. Objects related to land, such as utilities and means of complementing buildings.2. Non-physical losses, including: a. Loss of job or business; b. Emotional loss (solatium); c.
Transaction fees which include, among others, moving and emptying fees, taxes or BPHTB, and PPAT fees under the provisions of applicable laws and regulations; d. Compensation for the waiting period (interest); e.
Loss of residual soil; and f. Other physical damage, some buildings are cut off as a result but can still be functioned according to their designation.Land assessment related to the provision of compensation in the context of acquiring land for development for the public interest is carried out based on the Implementation set out in Indonesian Assessment Standard 204 which is a procedure that must be carried out by the Assessee which includes the stages of the investigation, application of the assessment approach, and preparation of assessment working papers. In Indonesian Assessment Standard 204, the assessment of land acquisition is carried out by an Appraiser. The status of the appraiser seen from his identity can be as an individual or an agency/Office of Public Appraisal Services. The assessee is in a position to provide an objective and
impartial assessment and has no potential conflict of interest with the subject and or object of the assessment.
The assessor has the competence to conduct the assessment. If the Assessee requires the assistance of an expert or other Appraiser, then the nature of the assistance and the extent to which the work is carried out will be agreed upon and disclosed within the Scope of his Assignment.
The main approach in conducting land valuation is the market approach, this approach considers sales from similar or replacement properties and related market data, as well as generating value estimates through a comparison process. In general, the property assessed (object of appraisal) is compared to comparable property transactions, both those that have occurred and properties that are still in the stage of a sales offer from a sale and purchase process. In determining the value of the land, the appraiser must examine the potential for the highest and best use ("HBU") of the land. Based on Indonesian Assessment Standard 204, HBU Considerations can be seen from the condition of land in vacant (as vacant) or land in a condition that has been developed (as improved) taking into account the criteria, namely (i) legally permitted, (ii) physically possible, (iii) financially profitable, and (iv) producing the highest value (maximum productivity) of Property. Spatial planning and urban planning (land allotment) are the most important things for the appraiser in determining the HBU of the land, so the market data taken in determining the value of compensation must be comparable and relevant to the HBU of the land.3 approaches can be taken by the appraiser in assessing physical and non-physical losses, namely the market approach, the income approach, and the cost approach. The use of the approach depends on the type of object being assessed. For example, to assess physical losses in the form of land and buildings, appraisers can use a market approach and an income approach. Meanwhile, to assess non-physical losses in the form of transaction costs, the appraiser can only use the cost approach.The award of compensation in the acquisition of land for development for the public interest is carried out under Indonesian Assessment Standard 204.
The provision of compensation is carried out after the assessment, deliberation, and validation activities are completed to ensure that the subjects and objects are under government regulations, then the data is sent to the Commitment Making Officer (PPK), then must obtain permission from the State Asset Management Agency, this is because the financial permit is in the State Asset Management Institution, namely with the stages of the validation results submitted to the State Asset Management Institute, After that, indemnity payments are made. In the course of providing compensation to the entitled party, it is accompanied by a waiver of rights by the entitled party and submitting evidence of control or ownership of the object of land acquisition to the Agency that requires the land through the Land Agency. [25] The compensation can be made by payment in the form of money in Rupiah as agreed by the Land Acquisition Committee and the community. Compensation payments can then be made through a Government-appointed bank account. The designated bank will later provide a new account to channel the compensation value at a price according to the deliberations as a whole. [26]
IV. CONCLUSION
The aspect of fairness in the arrangement of land acquisition for development for the public interest must provide a guarantee of proper replacement as stipulated in Law Number 2 of 2012 concerning Land Acquisition for Development for the Public Interest, Law Number 11 of 2020 concerning Job Creation, Indonesian Assessment Standard 204, and other laws and regulations related to land acquisition by prioritizing humanitarian principles, democratic, and fair. Therefore, to support this aspect of justice, it is necessary to understand that there are principles in land acquisition specified in article 2 of Law Number 2 of 2012 against Land Acquisition for Development for the Public Interest, as follows: a. Humanity; b. Fairness;
c. Expediency; d. Certainty; e. Openness; f. Agreement; g. Participation; h. Welfare; i. Sustainability; and j.
Alignment. The mechanism for providing compensation is carried out after the assessment is by the Indonesian Assessment Standard 204 and Law Number 11 of 2020 concerning Job Creation, deliberations, and validation activities are completed. The payment given can be in the form of money in Rupiah as agreed by the Land Acquisition Committee and the community, then it can be given through a bank account appointed by the Government by disbursing the compensation value at a price according to the deliberations as a whole.
REFERENCES
[1] Nuriyanto, "The Urgency of Agrarian Reform; Towards Structuring Socially Just Land Use," J. Rontal Science of Pancasila and Citizenship, vol. 6, no. 1, pp. 29–45, 2020.
[2] Z. D. Fairuz Shofi, R. Subekti, and P. S. Raharjo, "Legal Aspects of Indemnity in Land Acquisition for the Public Interest," Komun. Yust, vol. 5, no. 1, pp. 290–299, 2022.
[3] H. Purba, E. Sari, M. Yamin, and R. Sembiring, "The Legal Politics of Land Acquisition on Abrasive Land After the Enactment of the Job Creation Law," J. Ius Const. , vol. 7, no. 1, pp. 50–67, 2022, doi:
10.26623/jic.v7i1.4390.
[4] Y. Sufriadi, "Causes of Land Acquisition Disputes for the Public Interest (Case Study of Land Acquisition Disputes for Public Interests in Bengkulu)," J. Huk. Ius Quia Iustum, vol. 18, no. 1, pp. 42–62, 2011, doi:
10.20885/iustum.vol18.iss1.art3.
[5] A. M. Rizki, A. Yunus, and M. F. Said, "Aspects of Justice in the Implementation of Land Acquisition for Development for Public Interest in North Luwu Regency," J. Lex Gen., vol. 2, no. 9, pp. 2314–2328, 2021.
[6] S. M. Holtslag-Broekhof, R. van Marwijk, R. Beunen, and J. S. C. Wiskerke, "Perceived (In)justice of Public Land Acquisition,"J. Agric. Environ. Ethics, vol. 29, no.2, pp.167–184, 2016, doi: 10.1007/s10806-015-9594-3.
[7] B. Tampubolon, M. Bakri, R. Safaat, I. Permadi, R. Safa'at, and I. Permadi, "Formulation of the Meaning of Non-Physical Losses in the Renewal of Land Procurement Law For the Development for A Worthy and Fair Public Interest," J. Arts Humanit. , vol. 9, no. 4, pp. 29–41, 2020, [Online]. Available:
https://mail.theartsjournal.org/index.php/site/article/view/1876.
[8] C. M. Cahyani and A. Rahman, "Juridical Study of Land Acquisition for the Public Interest After the Enactment of Law Number 11 of 2020 concerning Job Creation," J. Priv. Law Fak. Huk. Univ. Mataram, vol. 1, no. 2, pp.
160–168, 2021, [Online]. Available:
http://journal.unram.ac.id/index.php/privatelaw/article/view/272%0Ahttps://journal.unram.ac.id/index.php/privat elaw/article/download/272/117.
[9] T. Gallantry, F. F. Wasitaatmadja, and Y. Hidayat, "Application of the Principle of Justice in Land Acquisition for the Public Interest According to National Land Law and Islamic Law," J. Master of Huk Science. , vol. 6, no. 1, pp. 62–78, 2021, doi: 10.36722/jmih.v6i1.797.
[10] R. Soplantila, N. Lainsamputty, and Y. Hetharie, "Omnibus Law as a Land Regulation Structuring Strategy," J.
SANIRI, vol. 1, no. 1, pp. 34–43, 2020.
[11] K. Benuf and M. Azhar, "Legal Research Methodology as an Instrument to Untangle Contemporary Legal Problems," J. Gema Justice, vol. 7, no. I, pp. 20–33, 2020, doi: 10.24246/jrh.2019.v3.i2.p145-160.
[12] Ifrani, Y. Nurhayati, and M. Y. Said, "Normative and Empirical Methodology In Legal Science Perspectives," J.
Huk Enforcement. Indones. , vol. 2, no. 1, pp. 1–20, 2021, doi: 10.51749/jphi.v2i1.14.
[13] I. W. Arthanaya, L. N. Diah Sri Prabandari, and L. P. Suryani, "Granting Compensation for Land Acquisition by the Government in the Public Interest," J. Analog. Huk. , vol. 3, no. 1, pp. 1–5, 2021, doi:
10.22225/ah.3.1.2021.1-5.
[14] Dulmuzid, S. Sinulingga, and S. Pujangkoro, "Analysis of Determination of Fair Replacement Value in Land Acquisition for Public Interest in Lhokseumawe City," JMK (Journal of Manaj. and Entrepreneurship), vol. 4, no. 2, pp. 102–115, 2019, doi: 10.32503/jmk.v4i2.417.
[15] E. G. Mogi, J. Sondakh, and D. K. G. Sondakh, "Legal Review of the Implementation of Deliberations on the Determination of Forms of Compensation for Land Acquisition in the Public Interest," Lex Adm., vol. IX, no. 8, pp. 217–227, 2021.
[16] B. Wibowo, "Application of Whole Of Government (WOG) in the Preparation of Public Interest Land Acquisition Blockers in Central Java Province," J. Good Gov., vol. 18, no. 1, pp. 21–36, 2022.
[17] Dahnir, M. Yamin, A. Syahrin, and Sutiarnoto, "The Role of the Public Appraisal Service Office (KJPP) in Land Acquisition Activities for the Public Interest (Between Professionalism and Unlawful Acts / Corruption Crimes)," Iuris Stud. J. Kaji. Huk. , vol. 3, no. 3, pp. 255–263, 2020.
[18] F. R. Suryaningrum and M. N. Imanullah, "Consignment Problems as a Mechanism in Land Acquisition for the Public Interest (Case Study of Solo-Mantingan Toll Road Construction," Priv. Law, vol. 10, no. 2, pp. 257–267, 2022.
[19] E. Hari Sudana, D. S. Gozali, and A. Yusran, "The Principle of Justice in Land Acquisition for Development in the Public Interest," Notary Law J. , vol. 1, no. 1, pp. 49–62, 2022.
[20] Kristianingsih, L. Elisa Putri, and M. Nurfauziah Astiqmalia, "The Politics of Agrarian Law in the Settlement of Land Acquisition Compensation for the Public Interest," Fairness Justice J. Ilm. Huk Science. , vol. 18, no. 1, pp. 67–77, 2020.
[21] R. Masturi, "The Nature of Justice in the Acquisition of Land for the Public Interest in the Framework of National Development," Al-Ishlah J. Ilm. Huk. , vol. 20, no. 2, pp. 94–107, 2018, doi: 10.33096/aijih.v21i2.20.
[22] N. Kamal, "Legal Protection of Land Rights Holders Against Irregularities in the Implementation of Land Acquisition in the Public Interest with Land Lending Instruments," Authentic's J. Huk. Notariality, vol. 3, no. 1, pp. 81–99, 2021.
[23] W. Utami and Sarjita, land acquisition in Indonesia and several countries from time to time. Yogyakarta: STPN Press, 2021.
[24] H. H. Asymar, "Determining the Fair Replacement Value of Land Affected by the Reactivation Work of the Trase Muaro Logas Railway Line, Sijunjung Regency, West Sumatra Province," J. Perspekt. , vol. 17, no. 1, pp.
46–55, 2019, doi: 10.31294/jp.v17i1.5133.
[25] P. V. Dewi and I. N. Cahyana, "Compensation for Land Acquisition Objects of Sumberjaya Residents for the Construction of the Cibitung Cilincing Toll Road," Huk Reform. Trisakti, vol. 4, no. 4, pp. 793–804, 2022.
[26] A. B. Prasetya and R. Subekti, "Legal Aspects of Payment of Compensation in Land Acquisition for Toll Roads," J. Educator. Undiksha Citizenship, vol. 10, no. 2, pp. 250–264, 2022, [Online]. Available:
https://ejournal.undiksha.ac.id/index.php/JJPP/article/view/46942%0Ahttps://ejournal.undiksha.ac.id/index.php/J JPP/article/download/46942/21790.